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HomeMy WebLinkAbout14234 ORD - 03/22/1978JKH:hb:3 /21/78 TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH NAISMITH ENGINEERS, INC., FOR DEVELOPMENT OF A SANITARY SEWER AND A STORM SEWER MASTER PLAN FOR AN AREA WITHIN THE CITY OF CORPUS CHRISTI, APPROXIMATELY SIX SQUARE MILES, GENERALLY WEST OF U. S. HIGHWAY 77, SOUTH OF NUECES RIVER AND APPROXIMATELY ONE MILE SOUTH OF FARM TO MARKET ROAD 624 COMMONLY KNOWN AS THE FIVE POINTS AREA, ALL AS MORE FULLY SET FORTH AND DEFINED IN THE ENGINEERING CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $27,670, OF WHICH $13,835 IS OUT OF THE NO. 250 SANITARY SEWER BOND FUND, APPLICABLE TO PROJECT NO. 250 -77 -15.2 SANITARY SEWER MASTER PLAN, FIVE POINTS AREA, AND $13,835 IS OUT OF THE NO. 295 STORM SEWER BOND FUND, APPLICABLE TO PROJECT NO. 295 -77 -12.1 STORM SEWER MASTER PLAN, FIVE POINTS AREA, SAID APPROPRIATION BEING FOR ENGINEERING SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to execute a contract with Naismith Engineers, Inc., for development of a Sanitary Sewer and a Storm Sewer Master Plan for an area within the City of Corpus Christi, approximately six square miles, generally West of U. S. Highway 77, south of Nueces River and approximately one mile south of Farm to Market Road 624, commonly known as the Five Points Area, all as more fully set forth in the contract, a substantial copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. That there is hereby appropriated the sum of $27,670, of which $13,835 is out of the No. 250 Sanitary Sewer Bond Fund, applicable to Project No. 250 -77 -15.2 Sanitary Sewer Master Plan, Five Points Area, and $13,835 is out of the No. 295 Storm Sewer Bond Fund, applicable to Project No. 295 -77 -12.1 Storm Sewer Master Plan, Five Points Area, for the engineering contract aforesaid. SECTION 3. The necessity to authorize a contract with the hereinabove named engineers and to appropriate the necessary funds for development of a Sanitary Sewer and a Storm Sewer Master Plan for the Five Points Area creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution MICROFILMED 1423: JUL 0 71980 I shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the .22 day of March, 1978. ATTEST: Ci Secretary CITY OF WRPJJrCHRISTI, TEXAS APPROVED:111/AY OF MARCH, 1978: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cit torney CONTRACT FOR ENGINEER'S SERVICES THE STATE OF TEXAS X COUNTY OF NUECES X The City of Corpus Christi, hereinafter called "City," and Naismith Engineers, Inc., hereinafter called "Engineer," whether one or more, agree as follows: 1. SERVICES TO BE PERFORMED. The Engineer hereby agrees, at his own expense, to perform all engineering, investigation and related testing and .report preparation necessary to properly analyze and study the storm drainage and prepare a sanitary sewer plan for an area approximately six square miles generally west of U.S. Highway 77 south of Nueces River and approximately one mile south of Farm'to Market Road 624 commonly known as the five points area_ A. The services of the Engineer shall include but shall not be limited to the following: Item Ia. Study and analyze the storm drainage of the area. This will include use of plan and topographic information on the study areas to be furnished by the Engineer on Cronar transparencies and required on -site visual inspection of existing conditions. Item Ib. Prepare a preliminary report on storm drainage of the area indicating general recommended drainage patterns- Item.Ic. Prepare a final report which will include one set of planimetric maps at the same scale as the'map ' information furnished by the Engineer, on Cronar film with drafting-in ink showing subdivided drainage areas, indicating flow quantities, suggested flow line of ditches and other drainage structures, expected quantities of runoff and other related information. ' Item Id. Prepare as a part of the final report an outline or the-analysis procedure followed, particular information on individual drainage areas, suggested solutions for special drainage and structural problems, and conclusions. Item IIa. Study and analyze the area for sanitary sewers, using the plan and topographic information of the area to be furnished by Engineer. Item IIb. Prepare preliminary report for sanitary sewer collector lines and treatment, indicating recommended patterns. Item IIc. Prepare final report, printing and binding 40 copies which will include one set of planimetric maps of the same scale as the information furnished by Engineer, drafted as in Item Ic above and including _ all. parameters used in developing the plan.. Final _ repo -t amount includes ari_ 'outline of'the analysis and procedure used. Item IIIa. Furnish a mosaic at a scale of 1 inch equals 1,000 feet of all area in the study. In addition to the mosaic,Engineer will furnish two sets of copy negatives. Engineer will also furnish index and set of contract prints of all photography. Item IIIb. Furnish planimetric maps of approximately 6 square miles at a scale of 1 foot equals 400 feet including all ground control needed,as well as 1 foot contours_ 2. FEES. The City will pay to the Engineer a fee of Twenty -Seven Thousand Six Hundred and Seventy and no /100 Dollars (27,670.00), which includes the entire performance of the services outlined in Item I through III above_ The fees provided in this paragraph shall constitute complete compensation for all services which Engineer agrees to perform in this contract and said fee shall be payable as follows: A. .Upon completion of aerial photography including planimetric and contour maps as shown in Section III and delivery to City, $14,000.00. X ` B. Upon completion and acceptance of the preliminary sanitary sewer and drainage report, $6,000.00. C. Upon completion of all work and submission of final report to satisfaction of City, including printing of 40 copies, $7,670.00. 3_ - TZERfINATION OF CONTRACT. The City may at any time, witlt or without cause, terminate this contract. In the event of termination by the City, the Engineer shall be compensated for his services as follows: A. The Engineer shall be paid reasonable compensation for services actually rendered by him but in no event more than the fee for that particular- phase of the work the Engineer may be engaged in performing at the time of termination. B. The foregoing shall not be construed to require the City to compensate the'Engineer for any services not performed in a proper professional manner. C. If the Engineer should be unable to complete this contract due to death, illness, or any other cause beyond his reasonable control, he or his estate shall be compensated in the manner set forth above. 4. TECHNICAL ASSISTANCE AND CONSULTATIONS. The City shall not pay the fees of expert or technical assistants and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 5. TIME AND ORDER OF ENGINEER'S SERVICES. The Engineer shall - furnish the documents and personally render or provide the services - required by this contract in such'sequence and at such times as may be necessary to insure the timely completion of the study. The Engineer agrees to furnish -2- the preliminary studies for approval of the City not later than aly 15, 1978, and to furnish the completed report ready for printing and• binding no later than October 15, 1978. 6. ASSIGNABILITY. The Engineer shall not assign, transfer or delegate any of his obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel on the Engineer's staff. If the Engineer is a partnership, in the event of' the termination of the partnership, this contract shall inure to the individual benefit of such partner or partners as the City may designate. No part of the Engineer's fee may be assigned in advance of receipt by the Engineer without written consent of the City. 7. OWNERSHIP OF DOCUMENTS. Upon the completion of the project (or upon the termination of this contract, if previously terminated), the Engineer shall furnish to-the City, in a suitable container for filing, the original tracing, or reproductions, on linen or equivalent, showing all- - field changes, from which reproductions may be made, of all designs, and drawings. EXECUTED IN TRIPLICATE, each of which shall be considered as origical,.this the day of 1978- CITY OF CORPUS CHRISTI ATTEST: City Secretary APPROVED: Day of 1978 J. BRUCE AYCOCK, CITY ATTORNEY By: Assistant City Attorney daAA re for of F- ce By R. Marvin Townsend, City Manager NAISMITH, INC. By Engineer -3- CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 13, 1978 I certify to the City Council that $ 'i3,835x , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name No. 250 Sanitary Sewer Bond Fund Project No. 250 -77 -15.2 Project Name Sanitary Sewer Master Plan: Five Points Area from which it is proposed to be drawn, and such money is not appropriated for any other purpose. r� _7-7— , 19- Director of pance v FIN 2 -55 3,-� Revised 7/31/69 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article 1V Section 21) March 13, 1977 I certify to the City Council that $ 13,835 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name No. 295 Storm Sewer Bond Fund Project No. 295 -77 -12.1 Project Name Storm Sewer Master Plan_ Five Points Area from which it is proposed to be drawn, and such money is not appropriated for any other purpose. - < Z' -,!! �' 9i -- - ZZ, 4 e By !-Director of phance FIN 2 -55 Revised 7/31/69 Corpus Christi, Texas -22 day of 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, RUM— THE CI Y OF S CHRISTI, TEXAS The Charter Rule was suspended by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 14234 :e:.